This Bench dismissed S.A.(MD)No.521 of 2022 filed under Section 100 CPC for non-prosecution as the appellant was absent and not interested in prosecuting the appeal, with no representation for nearly two months.
Second Appeal dismissed for non-prosecution. No order as to costs.
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S.A.(MD)No.521 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.521 of 2022
Arokiyaraj
... Appellant
/Vs./
1.Azhagarsamy Madathipathi Shree NachiappaGnanadhesigar
2.M.Maiyappan
... Respondents
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.44 of 2019, on the file of the Sub Court, Sivagangai, dated 25.03.2022 as confirmed in O.S.No.92 of 2011 on the file of the District Munsif, Sivagangai, dated 22.03.2019.
For Appellant : No appearance
For Respondents : Mr.S.Muthumalairaja (R1)
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S.A.(MD)No.521 of 2022
JUDGMENT
This matter is listed under the caption 'For Dismissal' today. There
is no representation on the side of the appellant once again. Even on the last hearing date, ie., on 28.03.2023, there was no representation on the side of the appellant. The learned counsel appearing for the first respondent is present. It can now be inferred that the appellant is not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs.
03.04.2023 Index : Yes / No NCC : Yes / No Sm
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S.A.(MD)No.521 of 2022
TO:
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S.A.(MD)No.521 of 2022
ABDUL QUDDHOSE, J.
Sm
Judgment made in S.A.(MD)No.521 of 2022
Dated: 03.04.2023
1 provisions across 1 enactments
Arokiyaraj
1.Azhagarsamy Madathipathi Shree NachiappaGnanadhesigar
2.M.Maiyappan
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
